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A BILL TO BE ENTITLED
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AN ACT
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relating to required criminal history checks for nurse aides; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 250A to read as follows: |
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CHAPTER 250A. EMPLOYMENT OF OR CONTRACTS WITH NURSE AIDES |
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Sec. 250A.0001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(3) "Nurse aide" means an individual who provides |
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nursing or nursing-related services under the delegated authority |
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of a nurse. The term includes an individual who is required to be |
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listed in the nurse aide registry under Chapter 250, Health and |
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Safety Code. The term does not include an individual licensed under |
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Chapter 301, Occupations Code. |
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Sec. 250A.0002. COMMISSION VERIFICATION OF EMPLOYABILITY |
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REQUIRED; FEE. (a) A health care facility or practitioner may not |
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employ a nurse aide or contract for nurse aide services with a nurse |
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aide unless the facility or practitioner obtains the commission's |
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verification of employability for the nurse aide's employment or |
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contract. The executive commissioner by rule shall establish |
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standards for verification of employability as necessary to protect |
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the public health and safety. |
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(b) A health care facility or practitioner shall request, in |
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the form and manner prescribed by commission rule, the commission |
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to verify the employability of a nurse aide who is applying for |
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employment or requesting a contract with the facility or |
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practitioner. The commission may not verify the employability of a |
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nurse aide unless the commission obtains the criminal history |
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record information for the nurse aide and determines that nothing |
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in the information would disqualify the individual from employment |
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as a nurse aide. In determining whether to verify the employability |
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of a nurse aide, the commission shall consider: |
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(1) the information provided to the commission by the |
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facility or practitioner; |
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(2) the information made available by the Department |
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of Public Safety of the State of Texas under Section 411.1106, |
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Government Code, or by the Federal Bureau of Investigation or |
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another criminal justice agency under Section 411.087, Government |
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Code; and |
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(3) the commission's records, including any |
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information included in a registry maintained by the commission. |
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(c) The commission may require a health care facility or |
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practitioner requesting the commission to verify employability |
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under Subsection (b) to pay to the commission a fee set by |
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commission rule in an amount not to exceed the administrative costs |
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the commission incurs in complying with a request under Subsection |
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(b). |
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Sec. 250A.0003. ENFORCEMENT. A health care facility or |
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practitioner who violates this chapter is subject to review and |
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disciplinary action by the appropriate licensing authority of the |
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facility or practitioner under other regulatory law. |
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SECTION 2. Section 411.1106(b), Government Code, is amended |
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to read as follows: |
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(b) The executive commissioner of the commission, or the |
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executive commissioner's designee, is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is: |
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(1) an applicant for employment for a position in |
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which the person, as an employee, would have access to sensitive |
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personal or financial information, as determined by the executive |
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commissioner, in: |
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(A) the eligibility services division of the |
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commission; or |
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(B) the commission's office of inspector |
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general; [or] |
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(2) an employee of the commission who has access to |
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sensitive personal or financial information, as determined by the |
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executive commissioner; or |
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(3) a nurse aide who is the subject of a verification |
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of employability request submitted under Section 250A.0002, Health |
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and Safety Code. |
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SECTION 3. (a) As soon as practicable after the effective |
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date of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Chapter 250A, Health and Safety Code, as added by this Act. |
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(b) Notwithstanding Chapter 250A, Health and Safety Code, |
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as added by this Act, a health care facility or practitioner is not |
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required to comply with that chapter or rules adopted under that |
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chapter until January 1, 2020. |
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SECTION 4. Section 250A.0002, Health and Safety Code, as |
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added by this Act, applies only to the employment of a nurse aide or |
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a contract entered into for a nurse aide on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2019. |